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For Deferred Action Seekers: Many Ways to Prove Qualifications

Written By The Shapiro Law Group on June 19, 2013

Roughly one year ago, President Barack Obama announced the availability of a new legal status for undocumented immigrants who were brought to the U.S. as children, allowing them to remain in the country without fear of deportation under the “Deferred Action for Childhood Arrivals” program (“DACA”).

Under DACA, qualified immigrants can apply for deferred action status, which shields them from deportation for two years, and can be renewed by application.

The status is granted based on several prerequisites, the most fundamental of which is that an applicant must have been brought to the U.S. prior to reaching their 16th birthday, and must have resided here continuously for five years prior to June 15, 2012.

This continuous residency prerequisite seems fair on its face, but can be quite difficult to prove.

Thus, applicants must get creative in their approach to meeting DACA requirements, and they are apparently doing just that. A recent review of applications by one immigration lawyer has reported that applicants are successfully proving their residence requirements through the use of:

  • Parking tickets;
  • Netflix account records;
  • Online video game activity; and
  • Time-stamped restaurant or store receipts.

Other similar kinds of evidence might just as easily be considered by authorities in conjunction with a DACA application as well, including:

  • Online digital photo galleries;
  • Twitter and pictwitter data;
  • Medical and hospital records;
  • Court records; and
  • Purchased receipts of many kinds.

As of now, the “deferred action” program is ongoing, and there is no indication that the government will halt the program or repeal any of its prior decisions with regard to determination of “deferred action” eligibility. But it would be wise for anyone considering a request for “deferred action” determination to obtain it now.

If you are an individual in need of immigration assistance, or help with a “deferred action” determination on your behalf, do not hesitate to contact our office for an appointment to speak with a qualified immigration lawyer at (847) 564-0712. You can also check out our immigration law Website for more information on how we might assist you in any of a variety of ways.